Friday, 13 April 2007

The Missouri legislature's reaction to damning news about how the deathpenalty is administered in the Show Me state is akin to killing themessenger. Last year, federal judge Fernando Gaitan Jr., effectivelyplaced a moratorium on the death penalty after hearing a case that clearlyoutlines massive problems with how the ultimate punishment is carried outin Missouri.

Among the discoveries:

- There was no written protocol for how to administer the 3-drug cocktailused in lethal injection leading to the wrong dosages being used in atleast 2 cases. Gaitan called this a violation of the Constitutionalprotection against cruel and unusual punishment.

- The doctor in charge of administering lethal injection wasn't a boardcertified anesthesiologist and had been disciplined in the past by statemedical authorities. A St. Louis Post-Dispatch investigation found he hadbeen sued 20 times.

- The doctor reports to a director of the Department of Corrections whohas no medical training, nor any training in corrections.

And how have lawmakers responded to such allegations?

They've submitted a bill before this year's General Assembly that wouldmake it a crime to disclose the identities of the individuals in charge ofadministering the death penalty.

In other words, rather than fix the problem of hiring a doctor who isn'tqualified and botched the legal injection, let's just put a cloak over hishead so nobody knows anything about him. The bill has already passedthrough the House.

Such hubris should offend Missouri taxpayers, no matter where they standon the death penalty.

We're firmly against the death penalty, in part because of the so manyinadequacies that have been documented over the years in how the deathpenalty is applied. We don't believe it's a deterrent, and we believe oneinnocent man killed is enough to convince Americans who believe in justicethat there must be a better, less savage way to punish our worstcriminals.

But whether you are for or against the death penalty, there is no purposeserved in adding another layer of secrecy to the process. Indeed, it wassecrecy that allowed a doctor of questionable credentials to practice inMissouri, which is the very act that has put the death penalty in thisstate in jeopardy. Openness, not secrecy, is always the path to bettergovernment, more accountability and proper representation.

Contrast the reaction of some Missouri legislators the bill in question,HB 820, is sponsored by Rep. Danie Moore, a Fulton Republican to that ofthe Chicago Tribune.

Since 1869 the Chicago newspaper had editorialized in favor of the deathpenalty. But after Pulitzer Prize-winning reporting by members of itsstaff on the issue and how unfairly it is applied in Illinois andelsewhere, particularly when it comes to the race of the perpetrator, theTribune three weeks ago reversed its stance.

It paid attention to the evidence and reacted accordingly.

Missouri lawmakers instead want to cover up the evidence so as not tooffend their tough-on-crime stance.

It's a ridiculous response to Gaitan's ruling, and the Missouri Senateshould make sure HB 820 gets the punishment it deserves.